Civil Divorce in Israel — What Are the Options?

The Legal Situation in Israel — No Civil Divorce for Jewish Couples

The Rabbinical Courts Jurisdiction (Marriage and Divorce) Law, 5713-1953 establishes that Rabbinical Courts have exclusive jurisdiction over the marriages and divorces of Jews in Israel. This differs from many other countries in the world that have a fully civil track.

The practical meaning: it is not possible to obtain a complete divorce (including a Get) without appearing at the Rabbinical Court. All property, custody, and support matters can be handled in the Family Court — but the Get itself must come from the Rabbinical Court.

There have been legislative attempts to introduce civil divorce to Israel, but as of 2026 no such law has passed. The existing situation is that the Rabbinical Court retains its exclusive jurisdiction.

Who Can Divorce Without the Rabbinical Court

Couples who married in a civil ceremony abroad ("foreign marriage registry") — if neither is Jewish under religious law, or if they married abroad in a purely civil ceremony — can divorce in the Family Court without a Get. Jurisdiction is entirely civil in such cases.

Mixed couples (one Jewish, one non-Jewish) are not under Rabbinical Court jurisdiction — their divorce is handled in the Family Court. New immigrants who married abroad according to the civil law of their country may also be on a different track.

A personal assessment of the legal situation requires consulting an attorney — every case is different, and there are material differences between those registered as "Jewish" in Israel and those who are not, and between those who married in Israel and those who married abroad.

Divorce Abroad — Is It Recognized in Israel?

Divorces obtained abroad are recognized in Israel under certain conditions — in accordance with private international law rules. Recognition requires that the divorce was carried out in a country with jurisdiction (based on domicile or place of marriage), in accordance with local law, and it does not violate Israeli public policy.

A Get given abroad (by an authorized Rabbinical Court abroad) is recognized in Israel under certain conditions. It is important to verify that the Get was properly executed and that Israeli institutions will recognize it. A Get from abroad that is not recognized can create serious legal problems.

Before reaching any divorce arrangement abroad, it is mandatory to consult with an Israeli attorney who will assess whether the arrangement will be recognized in Israel. Early advice prevents future problems.

Agunah — What to Do When One Party Refuses

The Agunah problem is a serious and harmful situation — where one party is bound to a marriage that has effectively ended. The tools available are: Rabbinical Court sanctions (passport revocation, driver's license, imprisonment); Family Court proceedings that reduce incentives for refusal; public pressure with the assistance of organizations such as “Mavoi Satum”; professional mediation.

Mediation is often the most effective tool — because it allows the parties to reach agreements on the issues causing the refusal (usually property or children), thereby removing the reason to refuse. Adv. Liron Elmaliach, as a certified mediator, assists even in complex Get refusal cases.